Order reversed, indictment reinstated and case remitted to Nassau County Court for trial (see People v. Feinlowitz, 29 N.Y.2d 176, decided herewith). No opinion.
Concur: Judges SCILEPPI, BERGAN, BREITEL, JASEN and GIBSON. Chief Judge FULD and Judge BURKE dissent and vote to affirm for the reasons stated in the dissenting opinion in People v. Feinlowitz ( 29 N.Y.2d 176), decided herewith.